38.38.380 – Sessions.
RCW 38.38.380 [Art. 39] Sessions. (1) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to RCW 38.38.328, call the court into session without the presence of the members for the purpose of: (a) Hearing […]
38.38.384 – Continuances.
RCW 38.38.384 [Art. 40] Continuances. The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just. [ 1989 c 48 § 39; 1963 c 220 § 42.]
38.38.388 – Challenges.
RCW 38.38.388 [Art. 41] Challenges. (1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or, if none, the court shall determine the relevance and validity of challenges for cause and may not receive […]
38.38.392 – Oaths.
RCW 38.38.392 [Art. 42] Oaths. (1) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking […]
38.38.396 – Statute of limitations.
RCW 38.38.396 [Art. 43] Statute of limitations. (1) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation. (2) Except as otherwise provided in this section, a person charged with desertion in time of […]
38.38.400 – Former jeopardy.
RCW 38.38.400 [Art. 44] Former jeopardy. (1) No person may, without the person’s consent, be tried a second time in any military court of the state for the same offense. (2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense […]
38.38.404 – Pleas of the accused.
RCW 38.38.404 [Art. 45] Pleas of the accused. (1) If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning […]
38.38.408 – Opportunity to obtain witnesses and other evidence.
RCW 38.38.408 [Art. 46] Opportunity to obtain witnesses and other evidence. (1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the governor may prescribe. (2) The president of a special court-martial, military judge, military magistrate, or a summary […]
38.38.368 – Governor may prescribe rules.
RCW 38.38.368 [Art. 36] Governor may prescribe rules. The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by regulations, which shall, so far as the governor considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial […]